Prokop v. State

Defendant appeals his conviction for carrying a concealed firearm. We reverse.

In the present case the officer stopped at a roadside in front of a closed business and asked a man why he was standing there. The man responded that he was waiting to be picked up by a friend. While they were speaking, a truck approached which the man identified as being that of his friend, the defendant. After defendant saw the officer, he turned and drove in another direction. The officer followed the truck and pulled it over. After the defendant stepped out of the truck, the officer conducted a pat-down search,…